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2007 Supreme(SC) 1293

S.B.SINHA, HARJIT SINGH BEDI
Sunil Gupta – Appellant
Versus
Kiran Girhotra – Respondent


JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.The question as to whether a purchaser of a property belonging to the deceased testator should be impleaded as a party in a probate proceedings is the question involved in this appeal which arises out of judgments and orders dated 31.08.2006 in C.M. (Main) No. 285 of 2005 and 13.11.2006 passed in Review Petition No. 393 of 2006 by a learned Single Judge of the Delhi High Court.

3.The property in question admittedly belonged to one Har Bhagwan. He died on 03.11.1997. He was survived by his wife, four daughters and two sons. Respondents herein are daughters of the said Har Bhagwan. One of the sons of Har Bhagwan was Raj Kumar. Wife of Har Bhagwan has passed away. Allegedly, another son of Har Bhagwan was given in adoption.

4.Har Bhagwan executed a Will on 09.09.1997. Respondents herein are the beneficiaries thereof. They filed an application for grant of probate in the year 2000. Both the sons of Har Bhagwan filed objections thereto. Raj Kumar propounded another Will of the said Har Bhagwan which was allegedly executed on 30.10.1997. Indisputably, Raj Kumar executed two deeds of sale dated 20.06.2003 and 27.06.2003 in favour of one Amit Pahwa






































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